[HISTORY: Adopted by the Town Board of the Town of Niskayuna 9-3-1991
as L.L. No. 11-1991. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
An authorized organization which has been granted a lessor's
license pursuant to the provisions of this chapter.
Includes any bona fide religious or charitable organization or bona
fide educational, fraternal or service organization or bona fide organization
of veterans or volunteer firemen, which, by its charter, certificate of incorporation,
constitution or act of the legislature, shall have among its dominant purposes
one or more of the lawful purposes as defined in this chapter, provided that
each shall operate without profit to its members, and provided that each such
organization has engaged in serving one or more of the lawful purposes as
defined in this chapter for a period of three years immediately prior to applying
for a license under this chapter. No organization shall be deemed an "authorized
organization" which is formed primarily for the purpose of conducting games
of chance or which does not devote at least 75% of its activities to other
than conducting games of chance. No political party shall be deemed an "authorized
organization."
Any person, firm, partnership, corporation or organization licensed
by the Board to sell or lease games of chance equipment or paraphernalia which
meets the specifications and regulations established by the Board. Nothing
herein shall prevent an authorized organization from purchasing common articles,
such as cards and dice, from normal sources of supply of such articles or
from constructing equipment and paraphernalia for games of chance for its
own use. However, no such equipment or paraphernalia, constructed or owned
by an authorized organization shall be sold or leased to any other authorized
organization, without written permission from the Board.
The New York State Racing and Wagering Board.
The Town Clerk of the Town of Niskayuna.
Include only the games known as "merchandise wheels" and "bell jars"
and such other specific games as may be authorized by the Board, in which
prizes are awarded on the basis of a designated winning number or numbers,
color or colors, symbol or symbols determined by chance, but not including
games commonly known as "bingo" or "lotto" which are controlled under the
General Municipal Law and also not including "slot machines," "bookmaking,"
"policy or numbers games" and "lottery" as defined in § 225.00 of
the Penal Law. No game of chance shall involve wagering of money by one player
against another player.
BELL JARSInclude those games in which a participant shall draw a card from a jar or other suitable container which contains numbers, colors or symbols that are covered and which, when uncovered, may reveal that a prize shall be awarded on the basis of a designated winning number, color or symbol or combination of numbers, colors or symbols.
Legal tender or a form of scrip or chip authorized by the Board,
any of which may be used at the discretion of the games of chance licensee.
One or more of the following causes, deeds or activities:
Those which shall benefit needy or deserving persons indefinite in number
by enhancing their opportunity for religious or educational advancement, by
relieving them from disease, suffering or distress, or by contributing to
their physical well being, by assisting them in establishing themselves in
life as worthy and useful citizens, or by increasing their comprehension of
and devotion to the principles upon which this nation was founded and enhancing
their loyalty to their governments.
Those which shall initiate, perform or foster worthy public works or
shall enable or further the erection or maintenance of public structures.
Those which shall otherwise lessen the burdens borne by government or
which are voluntarily undertaken by an authorized organization to augment
or supplement services which government would normally render to the people,
including, in the case of volunteer firemen's activities, the purchase,
erection or maintenance of a building for a firehouse, activities open to
the public for the enhancement of membership and the purchase of equipment
which can reasonably be expected to increase the efficiency of response to
fires, accidents, public calamities and other emergencies.
A period of time not to exceed 14 consecutive hours and, for purposes
of the game of chance known as a "bell jar," "license period" shall mean a
period of time running from January 1 to December 31 of each year.
The Town of Niskayuna.
A written agreement between a lessor and lessee under the terms of
which the lessee is entitled to the possession, use or occupancy of the whole
or part of any premises from any noncommercial or nonprofit authorized games
of chance lessor for which the lessee pays rent to the lessor and likewise
undertakes to pay substantially all of the regularly recurring expenses incident
to the operation and maintenance of such leased premises.
In relation to the gross receipts from one or more license periods of
games of chance, the amount that shall remain after deducting the reasonable
sums necessarily and actually expended for supplies and equipment, prizes,
security personnel, stated rental, if any, bookkeeping or accounting services
according to a schedule of compensation prescribed by the Board, janitorial
services and utility supplies, if any, license fees and the cost of bus transportation,
if authorized by the Clerk or department.
In relation to the gross rent received by an authorized games of chance
lessor for the use of its premises by a game of chance licensee, the amount
that shall remain after deducting the reasonable sums necessarily and actually
expended for janitorial services and utility supplies directly attributable
thereto, if any.
The Chief of the Niskayuna Police Department.
The successive operations of any one single type of game of chance which results in the awarding of a series of prizes amounting to $500 or $400 during any one license period, in accordance with the provisions of § 127-2H of this chapter as the case may be. From purposes of the game of chance known as a "merchandise wheel," "one occasion" shall mean the successive operations of any one such merchandise wheel for which the limit on a series of prizes provided by § 127-2F shall apply. For purposes of the game of chance known as a "bell jar," "one occasion" shall mean the successive operation of any one such bell jar which results in the awarding of a series of prizes amounting to $1,000.
The play of a single type of game of chance necessary to determine
the outcome or winners each time wagers are made.
A designated area within a building, hall, tent or grounds reasonably
identified for the conduct of games of chance. Nothing herein shall require
such area to be enclosed.
The total amount of single prizes minus the total amount of wagers
lost during the successive operations of a single type of game of chance,
except that for merchandise wheels, "series of prizes" shall mean the sum
of the actual value of the merchandise awarded as single prizes during the
successive operations of any single merchandise wheel.
The sum of money or actual value of merchandise awarded to a participant
by a games of chance licensee in any one operation of a single type of game
of chance in excess of his wager.
The games of chance known as "merchandise wheels" and "bell jars"
and each other specific game of chance authorized by the Board.
The conduct of games of chance shall be subject to the following restrictions:
A.
No person, firm, partnership, corporation or organization,
other than a licensee under the provisions of this chapter, shall conduct
such game or shall lease or otherwise make available for conducting games
of chance premises for any consideration whatsoever, direct or indirect.
B.
No game of chance shall be held, operated or conducted
on or within any leased premises if rental under such lease is to be paid,
wholly or partly, on the basis of a percentage of the receipts or net profits
derived from the operation of such game.
C.
No authorized organization licensed under the provisions
of this chapter shall purchase or receive any supplies or equipment specifically
designed or adapted for use in the conduct of games of chance from other than
a supplier licensed by the Board or from another authorized organization.
D.
The entire net proceeds of any game of chance shall be
exclusively devoted to the lawful purposes of the organization permitted to
conduct the same and the net proceeds of any rental derived therefrom shall
be exclusively devoted to the lawful purposes of the authorized games of chance
lessor.
E.
No single prize shall exceed the sum or value of $300,
except that for merchandise wheels and bell jars, no single prize shall exceed
the sum or value of $250. No single wager shall exceed $6.
F.
No authorized organization shall award a series of prizes
consisting of cash or of merchandise with an aggregate value in excess of
$1,000 during the successive operations of any one merchandise wheel or bell
jar.
G.
In addition to merchandise wheels and bell jars, no more
than five other single types of games of chance shall be conducted during
any one license period.
H.
Except for merchandise wheels, no series of prizes on
any one occasion shall aggregate more than $400 when the licensed authorized
organization conducts five single types of games of chance during any one
license period. Except for merchandise wheels and bell jars, no series of
prizes on any one occasion shall aggregate more than $500 when the licensed
authorized organization conducts fewer than five single types of games of
chance, exclusive of merchandise wheels and bell jars, during any one license
period.
I.
Except for the limitations on the sum or value for single
prizes and series of prizes, no limit shall be imposed on the sum or value
of prizes awarded to any one participant during any occasion or any license
period.
J.
No person except a bona fide member of the licensed authorized organization shall participate in the management of such games. No person except a bona fide member of the licensed authorized organization or its auxiliary or affiliated organization shall participate in the operation of such game, as set forth in § 127-12 of this chapter.
K.
No person shall receive any remuneration for participating
in the management or operation of such game.
L.
No authorized organization shall extend credit to a person
to participate in playing a game of chance.
M.
No game of chance shall be conducted on other than the
premises of an authorized organization or an authorized games of chance lessor.
N.
The unauthorized conduct of a game of chance shall constitute
and be punishable as a misdemeanor.
A.
To conduct games of chance:
(1)
Each applicant for a license shall, after obtaining an
identification number from the Board, file with the Clerk a written application
therefor in a form to be prescribed by the Board, duly executed and verified,
in which shall be stated:
(a)
The name and address of the applicant, together with
sufficient facts relating to its incorporation and organization to enable
the Clerk to determine whether or not it is a bona fide authorized organization.
(b)
The names and addresses of its officers, the place or
places where, the date or dates and the time or times when the applicant intends
to conduct games under the license applied for.
(c)
The amount of rent to be paid or other consideration
to be given, directly or indirectly, for each licensed period for use of the
premises of an authorized games of chance lessor.
(d)
All other items of expense intended to be incurred or
paid in connection with the holding, operating and conducting of such games
of chance and the names and addresses of the persons to whom and the purposes
for which they are to be paid.
(e)
The purposes to which the entire net proceeds of such
games are to be devoted and in what manner; that no commission, salary, compensation,
reward or recompense will be paid to any person for conducting such game or
games or for assisting therein except as in this chapter otherwise provided;
and such other information as shall be prescribed by such rules and regulations.
(f)
The name of each single type of game of chance to be
conducted under the license applied for and the number of merchandise wheels,
if any, to be operated.
(2)
In each application there shall be designated not fewer
than four bona fide members of the applicant organization under whom the game
or games of chance will be managed and to the application shall be appended
a statement executed by the members so designated, that they will be responsible
for the management of such games in accordance with the terms of the license,
the rules and regulations of the Board, this chapter and the applicable local
laws or ordinances.
B.
Authorized games of chance lessor. Each applicant for a license to lease premises to a licensed organization for the purposes of conducting games of chance therein shall file with the Clerk a written application therefor in a form to be prescribed by the Board, duly executed and verified, which shall set forth the name and address of the applicant, the designation and address of the premises intended to be covered by the license sought, a statement that the applicant in all respects conforms to the specifications contained in the definition of "authorized organization" set forth in § 127-1 of this chapter, a statement of the lawful purposes of which the net proceeds from any rental are to be devoted by the applicant and such other information as shall be prescribed by the Board.
A.
The Clerk shall make an investigation of the qualifications
of each applicant and the merits of each application, with due expedition
after the filing of the application. Determination and issuance shall be as
follows:
(1)
Issuance of licenses to conduct games of chance. If the
Clerk shall determine that the applicant is duly qualified to be licensed
to conduct games of chance under this chapter; that the member or members
of the applicant designated in the application to manage games of chance are
bona fide active members of the applicant and are persons of good moral character
and have never been convicted of a crime or, if convicted, have received a
pardon, a certificate of good conduct or a certificate of relief from disabilities;
that such games are to be conducted in accordance with the provisions of this
chapter and in accordance with the rules and regulations of the Board and
that the proceeds thereof are to be disposed of as provided by this chapter
and if the Clerk is satisfied that no commission, salary, compensation, reward
or recompense whatever will be paid or given to any person managing, operating
or assisting therein except as in this chapter otherwise provided; he/she
shall issue a license to the applicant for the conduct of games of chance
upon payment of a license fee of $25 for each license period.
(2)
Issuance of licenses to authorized games of chance lessors. If the Clerk shall determine that the applicant seeking to lease premises for the conduct of games of chance to a games of chance licensee is duly qualified to be licensed under this chapter; that the applicant satisfies the requirements for an authorized organization as defined in § 127-1 of this chapter; that the applicant has filed its proposed rent for each license period and that the Clerk has approved the proposed rent as fair and reasonable; that the net proceeds from any rental will be devoted to the lawful purposes of the applicant; that there is no diversion of the funds of the proposed lessee from the lawful purposes as defined in this chapter; and that such leasing of premises for the conduct of such games is to be in accordance with the provisions of this chapter and with the rules and regulations of the Board; he/she shall issue a license permitting the applicant to lease said premises for the conduct of such games to the games of chance licensee or licensees specified in the application during the period therein specified or such shorter period as the Clerk shall determine, but not to exceed 12 license periods during a calendar year, upon payment of a license fee of $50. Nothing herein shall be construed to require the applicant to be licensed under this chapter to conduct games of chance.
B.
On or before the 30th day of each month, the comptroller
of the municipality in which the licensed property is located shall transmit
to the State Comptroller a sum equal to 50% of all authorized games of chance
lessor license fees and the sum of $15 per license period for the conduct
of games of chance collected by the Clerk pursuant to this section during
the preceding calendar month.
C.
No license shall be issued under this section which shall
be effective for a period of more than one year.
A.
No application for the issuance of a license to conduct
games of chance or lease premises to an authorized organization shall be denied
by the Clerk until after a hearing, held on due notice to the applicant, at
which the applicant shall be entitled to be heard upon the qualifications
of the applicant and the merits of the application.
B.
Any license issued under this chapter may be amended,
upon application made to the Clerk, if the subject matter of the proposed
amendment could lawfully and properly have been included in the original license
and upon payment of such additional license fee, if any, as would have been
payable if it had been so included.
A.
Each license to conduct games of chance shall be in such
form as shall be prescribed in the rules and regulations promulgated by the
Board and shall contain a statement of the name and address of the licensee,
of the names and address of the members of the licensee under whom the games
will be managed, of the place or places where and the date or dates and time
or times when such games are to be conducted and of the purposes to which
the entire net proceeds of such games are to be devoted; the name of each
single type of game to be conducted under the license and the number of merchandise
wheels, if any, to be operated; and any other information which may be required
by said rules and regulations to be contained therein, and each license issued
for the conduct of any games shall be conspicuously displayed at the place
where the same is to be conducted at all times during the conduct thereof.
B.
Each license to lease premises for conducting games of
chance will be in such form as shall be prescribed in the rules and regulations
of the Board and shall contain a statement of the name and address of the
licensee and the address of the leased premises, the amount of permissible
rent and any information which may be required by said rules and regulations
to be contained therein, and each such license shall be conspicuously displayed
upon such premises at all times during the conduct of games of chance.
The officer shall have and exercise rigid control and close supervision
of all games of chance conducted under such license, to the end that the same
are fairly conducted in accordance with the provisions of such license, the
provisions of the rules and regulations promulgated by the Board and the provisions
of this chapter, and such officer and the Board shall have the power and the
authority to temporarily suspend any license issued by the Clerk, pending
a hearing and after notice and hearing, the Clerk or Board may suspend or
revoke the same, declare the violator ineligible to apply for a license for
a period not exceeding 12 months thereafter, and additionally, impose a fine
in an amount not exceeding $1,000 for violation of any such provisions, which
shall not be paid from funds derived from the conduct of games of chance,
and shall have the right of entry, by their respective officers and agents,
at all times into any premises where any game of chance is being conducted
or where it is intended that any such game shall be conducted or where any
equipment being used or intended to be used in the conduct thereof is found,
for the purpose of inspecting the same. Upon suspension or revocation of any
license or upon declaration of ineligibility to apply for a license, the Board
may suspend or revoke the identification number issued pursuant to § 188-a
of the General Municipal Law. An agent of the appropriate officer or department
shall make an on-site inspection during the conduct of all games of chance
licensed pursuant to this chapter.
Subject to the applicable provisions of the Alcoholic Beverage Control Law, beer may be offered for sale during the conduct of games of chance on games of chance premises as such premises are defined in § 127-1 of this chapter; provided, however, that nothing herein shall be construed to limit the offering for sale of any other alcoholic beverage in areas other than the games of chance premises or the sale of any other alcoholic beverage in premises where only the game of chance known as the "bell jar" is conducted.
Except as provided in § 127-11 of this chapter, no games of chance shall be conducted under any license issued under this chapter on the first day of the week, commonly known and designated as "Sunday." Notwithstanding the foregoing provisions of this section, no games of chance shall be conducted on Easter Sunday, Christmas Day or New Year's Eve.
No person under the age of 18 years shall be permitted to play any game
or games of chance conducted pursuant to any license issued under this chapter.
Persons under the age of 18 years may be permitted to attend games of chance
at the discretion of the games of chance licensee. No person under the age
of 18 years shall be permitted to operate any game of chance conducted pursuant
to any license issued under this chapter or to assist therein.
No games or games of chance shall be conducted under any license issued
under this chapter more often than 12 times in any calendar year. No particular
premises shall be used for the conduct of games of chance on more than 24
license periods during any one calendar year. Games shall be conducted only
between the hours of 12:00 noon and 12:00 midnight on Monday, Tuesday, Wednesday
and Thursday and only between the hours of 12:00 noon on Friday and 2:00 a.m.
Saturday and only between the hours of 12:00 noon on Saturday and 2:00 a.m.
Sunday. The 2:00 a.m. closing period shall also apply to a legal holiday.
The above restrictions shall not apply when only the game of chance known
as the "bell jar" is conducted.
No person shall operate any game of chance under any license issued
under this chapter except a bona fide member of the authorized organization
to which the license is issued or a bona fide member of an organization or
association which is an auxiliary to the licensee or a bona fide member of
an organization or association which is affiliated with the licensee by being,
with it, auxiliary to another organization or association. Nothing herein
shall be construed to limit the number of games of chance licensees for whom
such persons may operate games of chance nor to prevent nonmembers from assisting
the licensee in any activity other than managing or operating games. No game
of chance shall be conducted with any equipment except such as shall be owned
or leased by the authorized organization so licensed or used without payment
of any compensation therefor by the licensee. The head or heads of the authorized
organization shall, upon request, certify, under oath, that the persons operating
any game of chance are bona fide members of such authorized organization,
auxiliary or affiliated organization. Upon request by an officer, any such
person involved in such games of chance shall certify that he or she has no
criminal record. No items of expense shall be incurred or paid in connection
with the conducting of any game of chance pursuant to any license issued under
this chapter except those that are reasonable and are necessarily expended
for games of chance supplies and equipment, prizes, security personnel, stated
rental, if any, bookkeeping or accounting services according to a schedule
of compensation prescribed by the Board, janitorial services and utility supplies,
if any, and license fees and the cost of bus transportation, if authorized
by the Clerk.
A.
A fee may be charged by any licensee for admission to
any game or games of chance conducted under any license issued under this
chapter. The Clerk may in his discretion fix a minimum fee.
B.
Every winner shall be determined and every prize shall
be awarded and delivered within the same calendar day as that upon which the
game was played. No alcoholic beverage shall be offered or given as a prize
in any game of chance.
A licensee may advertise the conduct of games of chance to the general
public by means of newspaper, circular, handbill and poster and by one sign
not exceeding 60 square feet in area, which may be displayed on or adjacent
to the premises owned or occupied by a licensed authorized organization, and
when an organization is licensed to conduct games of chance on premises of
an authorized games of chance lessor, one additional such sign may be displayed
on or adjacent to the premises in which the games are to be conducted. Additional
signs may be displayed upon any fire-fighting equipment belonging to any licensed
authorized organization which is a volunteer fire company or upon any equipment
of a first aid or rescue squad in and throughout the community served by such
volunteer fire company or such first aid or rescue squad, as the case may
be. All advertisements shall be limited to the description of such event as "games
of chance" or "Las Vegas Night," the name of the authorized organization conducting
such games, the license number of the authorized organization as assigned
by the Clerk and the date, location and time of the event.
A.
Within seven days after the conclusion of any license
period, the authorized organization which conducted the same and its members
who were in charge thereof and, when applicable, the authorized games of chance
lessor which rented its premises therefor shall each furnish to the Clerk
a statement subscribed by the member in charge and affirmed by him as true,
under the penalties of perjury, showing the amount of the gross receipts derived
therefrom and each item of expense incurred or paid and each item of expenditure
made or to be made other than prizes, the name and address of each person
to whom each such item of expense has been paid or is to be paid, with a detailed
description of the merchandise purchased or the services rendered therefor,
the net proceeds derived from the conduct of games of chance during such license
period and the use to which such proceeds have been or are to be applied and
it shall be the duty of each licensee to maintain and keep such books and
records as may be necessary to substantiate the particulars of each such statement.
B.
Upon the filing of such statement of receipts, the authorized
organization furnishing the same shall pay to the Clerk as and for an additional
license fee a sum based upon the reported net proceeds, if any, for the license
period covered by such statement and determined in accordance with such schedule
as shall be established from time to time by the Board, but such additional
license fee shall not exceed 5% of the net proceeds for such license period.
The Clerk and the Board shall have the power to examine or cause to
be examined the books and records of:
A.
Any authorized organization which is or has been licensed
to conduct games of chance, so far as they may relate to games of chance,
including the maintenance, control and disposition of net proceeds derived
from games of chance or from the use of its premises for games of chance,
and to examine any manager, officer, director, agent, member or employee thereof
under oath in relation to the conduct of any such game under any such license,
the use of its premises for games of chance or the disposition of net proceeds
derived from games of chance, as the case may be.
B.
Any authorized games of chance lessor so far as they
may relate to leasing premises for games of chance and to examine said lessor
or any manager, officer, director, agent or employee thereof under oath in
relation to such leasing. Any information so received shall not be disclosed
except so far as may be necessary for the purpose of carrying out the provisions
of this chapter.
Any applicant for or holder of any license issued or to be issued under
this chapter aggrieved by any action of an officer or Clerk to which such
application has been made or by which such license has been issued may appeal
to the Board from the determination of said officer or Clerk by filing with
such officer or Clerk a written notice of appeal within 30 days after the
determination or action appealed from, and upon the hearing of such appeal,
the evidence, if any, taken before such officer or Clerk and any additional
evidence may be produced and shall be considered in arriving at a determination
of the matters in issue, and the action of the Board upon said appeal shall
be binding upon such officer or Clerk and all parties to said appeal.
No person, firm, partnership, corporation or organization lawfully conducting
or participating in the conduct of games of chance or permitting the conduct
upon any premises owned or leased by him or it under any license lawfully
issued pursuant to this chapter shall be liable to prosecution or conviction
for violation of any provision of Article 225.00 of the Penal Law or any other
law or ordinance to the extent that such conduct is specifically authorized
by this chapter, but this immunity shall not extend to any person or corporation
knowingly conducting or participating in the conduct of games of chance under
any license obtained by any false pretense or by any false statement made
in any application for license or otherwise, or permitting the conduct upon
any premises owned or leased by him or it of any game of chance conducted
under any license known to him or it to have been obtained by any such false
pretense or statement.
Any person, firm, partnership, corporation or organization who or which
shall commit any of the following offenses shall be guilty of a misdemeanor
and shall forfeit any license issued under this chapter and be ineligible
to apply for a license under this chapter for at least one year thereafter.
The offenses shall include the following:
A.
Making any material false statement in any application
for any license authorized to be issued under this chapter.
B.
Paying or receiving, for the use of any premises for conducting games of chance, a rental in excess of the amount specified as the permissible rent in the license provided for in § 127-6B of this chapter.
C.
Failing to keep such books and records as shall fully
and truly record all transactions connected with the conducting of games of
chance or the leasing of premises to be used for the conduct of games of chance.
D.
Falsifying or making false entry in any books or records
so far as they relate in any manner to the conduct of games of chance, to
the disposition of the proceeds thereof and to the application of the rents
received by any authorized organization.
E.
Diverting or paying any portion of the net proceeds of
any game of chance to any person, firm, partnership or corporation, except
in furtherance of one or more of the lawful purposes defined in this chapter.
Any person, association, corporation or organization holding, operating
or conducting a game or games of chance is guilty of a misdemeanor, except
when operating, holding or conducting:
A.
In accordance with a valid license issued pursuant to
this chapter; or
B.
On behalf of a bona fide organization of persons 60 years
of age or over, commonly referred to as "senior citizens," solely for the
purpose of amusement and recreation of its members, where:
(1)
The organization has applied for and received an identification
number from the Board;
(2)
No player or other person furnishes anything of value
for the opportunity to participate;
(3)
The prizes awarded or to be awarded are nominal;
(4)
No person other than a bona fide active member of the
organization participates in the conduct of the games; and
(5)
No person is paid for conducting or assisting in the
conduct of the game or games.
Except as provided in § 127-20 of this chapter, the provisions of this chapter shall remain inoperative unless and until a proposition therefor submitted at a general or special election in the Town of Niskayuna shall be approved by a vote of the majority of the qualified electors in the Town of Niskayuna voting thereon.[1]
[1]
Editor's Note: This chapter was approved at a mandatory referendum
on November 5, 1991.
